Utility Construction

When is a Right of Way Permit for Utility Construction Required?

A Right of Way (ROW) Permit is required for all utility construction, reconstruction, relocation or maintenance activities within the County right-of-way or easement. It ensures that the work is performed in a safe manner and that the right-of-way is restored properly.

What is the Right Of Way Permit for Utility Construction Application Process?

The applicant submits an Application for Work in Public Right-of-Way Permit with plans in triplicate for each job involving utility installation, including new manholes, street lights or new and relocated utility poles, cables and associated equipment. If work is on a primary or higher classification roadway (80' right-of-way or greater), roadways in the Centralized Business District (Wheaton, Bethesda and Silver Spring), and/or needs sidewalk closure longer than 15 days, the applicant must also submit a site specific Traffic Control Plan (TCP). The TCP is reviewed and approved by the Department of Transportation (DOT), Division of Traffic Engineering and Operations.

DPS reviews the individual permit applications and stipulates any special conditions required as part of the approval including the site specific TCP requirement for other roads not mentioned above.

After permit issuance, at least 48 hours prior to starting construction, the permittee contacts the DPS ROW inspector listed on the permit to schedule a preconstruction meeting. Inspections asre performed as the work progresses.

How Long Will it take DPS to Issue the Right of Way Permit?

Processing time is approximately three weeks. This may vary according to workload, complexity of the project and number of reviews required. If DOT’s TCP approval is required, the permit issuance will take longer.

Are There any Fees Involved in the Permit Process?

Permits are issued only to public utility companies or private utility companies who are registered with “Miss Utility and have signed a franchise agreement with the County. Fees for the permits are as per Executive Regulation 6-11 for special use permits.

After the Permit is Issued:

After permit issuance, and 48 hours prior to starting construction, the permittee must contact the DPS ROW Inspector listed on the permit to schedule a preconstruction meeting. Inspections are performed as the work progresses. Implementation of the approved TCP is monitored regularly by the inspector. A final inspection must performed upon request by the permittee after the completion of the work. The permit will not be considered complete unless a final inspection has occurred.